THOPPIL ANTO Vs. GLANCIN T.A.

JUDGEMENT

(1.) The petitioner is a senior citizen. He approached the District Magistrate - the authority under Rule 19 of the Kerala Maintenance and Welfare of Parents and Senior Citizens Rule, 2009 (herein after referred to as "the Rules") seeking eviction of his son and family from the first floor of his residential building alleging that he is not being permitted to lead a normal life there, with security and dignity.

(2.) The Senior Citizen had originally approached the Maintenance Tribunal seeking the aforesaid relief. This Court as per Ext.P7 judgment in Thoppil Anto v. Glacin T. A. and Ors . [2020 (2) KLT 176] held that the jurisdiction is vested with the District Magistrate under Rule 19, and not with the Maintenance Tribunal. It was further observed that the District Magistrate could delegate the power to an officer subordinate to him in terms of Section 22(1) of the Kerala Maintenance and Welfare of Parents and Senior Citizens Act, 2007. It is pursuant thereto that the impugned order dated 12.03.2020 has been passed.

(3.) As per the order impugned, the prayer for eviction was refused. It was ordered that the peaceful residence of the petitioner in the ground floor of the building shall not be interfered with by the son and family. There was a further direction to pay an amount of Rs. 5,000/- towards the maintenance of the senior citizen. Aggrieved by the refusal to order eviction, the senior citizen has approached this Court.